It is not unusual for people to wind up missing work for an extended amount of time. One of the reasons people could miss a significant amount of work is due to an injury. This injury could be acquired in the workplace or elsewhere. People who miss work often use up all of their vacation days and sick days first. After this, they may stop receiving their paycheck.
Just because someone misses work doesn’t mean the bills stop rolling in. People often look to worker’s compensation to help pay these expenses while they are recovering. Unfortunately, many people have their worker’s compensation claims initially denied. In order to maximize the chance of either having an initial claim approved or winning a claims appeal, it is important to understand common challenges to the approval process. Once you have a basic understanding of the process, you can speak with your attorney about the specifics of your situation and how to move forward so that your claim has the best possible chances of success.
Waiting Too Long to File a Worker’s Compensation Claim
Everything in the legal world has a deadline. People who would like to remain eligible for a worker’s compensation claim should report their injury to their employer as quickly as possible to ensure that they are eligible to receive benefits. These deadlines vary by state and it is important to look at these guidelines to make sure no mistakes are made. Furthermore, many insurance companies look at injuries with long lag times in reporting with a significant amount of speculation. Employees should avoid this microscope whenever possible.
The Injury had Existed Previously
Some people have injuries that they’ve had for a while that they simply aggravated while on the job. When people have a preexisting injury, it is notoriously difficult to get these claims paid out. This doesn’t mean that it is impossible; however, people who are seeking a claim for an injury they had previously, it can be an uphill battle. Thankfully, a skilled workers’ compensation attorney can make this process more manageable.
Injuries that Occur due to Employee Misconduct
Unfortunately, some people get hurt due to self-inflicted injuries or injuries that might be caused due to smoking, drugs, or alcohol. These are injuries that develop due to either employee misconduct or injuries that develop due to activities that are outside the scope of reasonable employment activities. When these injuries crop up, it is rare that they get paid out. If an insurance company can point to any of these activities, they will be hesitant to pay out these claims unless an attorney can point to mitigating circumstances.
Ultimately, one of the ways to provide the best opportunity for a successful worker’s compensation claim is to hire a legal professional with experience in workers’ compensation law. These are individuals who have represented clients with similar cases in the past and have the legal expertise to advise you on the unique circumstances surrounding your claim.